Lehnig v. Felton
Lehnig v. Felton
Opinion of the Court
OPINION OF THE COURT
Appellants, Ella Mae Lehnig, administratrix of the estate of Alfred H. Lehnig, and Glasgow, Inc., decedent’s employer, brought an action in trespass against appellees, seven employees of the Pennsylvania Department of Transportation. Decedent, a truckdriver, was killed and his employer’s truck destroyed when the truck struck a deteriorated portion of a public highway. Decedent lost control of the truck and it plunged through a guardrail and down an embankment. Appellants allege that the road had been dangerously deteriorated for a substantial period of time, that inspection would have revealed the fact, and that the accident was caused by appellees’ negligent failure to inspect and repair the road, or to warn the public of its dangerous condition.
The Court of Common Pleas of Washington County dismissed the complaint on the ground that appellees, as public employees, are immune from liability for ordinary negligence in the performance of their official functions. The Superior Court affirmed and we granted allocatur.
In DuBree v. Commonwealth of Pennsylvania, 481 Pa. 540, 393 A.2d 293 (1978). this Court concluded that the liability of officials of the Pennsylvania Department of Transportation “should not have been analyzed solely on the basis of their status as employees of the Commonwealth.”
Order of the Superior Court vacated and case remanded for proceedings consistent with this opinion.
We hear this appeal pursuant to the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P.L. 673, art. II, § 204, 17 P.S. § 211.204 (Supp. 1978).
Dissenting Opinion
dissenting.
I dissent for the reasons set forth in my dissenting opinion in DuBree v. Commonwealth, 481 Pa. 540, 393 A.2d 293 (1978), (Nix, J., dissenting).
Reference
- Full Case Name
- Ella Mae LEHNIG, Executrix of the Estate of Alfred H. Lehnig, Deceased, and Glasgow, Inc., Appellants, v. Howard FELTON, C. E. Karns, Jr., Albert Santucci, Van Harris, Peter Sweady, Bruno Spotti, and Paul Martin
- Cited By
- 4 cases
- Status
- Published